Fieger Oxford Amended Complaint

Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.
408 Filed 01/07/22 Page 1 of 107
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
_______________________
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
JEFFREY FRANZ and BRANDI FRANZ, as

• A PROFESSIONAL CORPORATION
NEXT FRIEND For RILEY FRANZ, a Minor,

and JEFFREY FRANZ and BRANDI FRANZ,
as NEXT FRIEND For ISABELLA FRANZ, a
Minor,
Case No.: 2:21-cv-12871
Plaintiffs, Hon. Mark A. Goldsmith
Vs.
OXFORD COMMUNITY SCHOOL DISTRICT,

PLAINTIFFS’ FIRST
SUPERINTENDENT TIMOTHY THRONE,
AMENDED
PRINCIPAL STEVEN WOLF, DEAN OF
COMPLAINT AND
STUDENTS RYAN MOORE, COUNSELOR
RELIANCE ON
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
#1, COUNSELOR #2, STAFF MEMBER,

DEMAND FOR JURY
TEACHER #1 and TEACHER #2
TRIAL
In their Individual Capacity,
Defendants.
GEOFFREY N. FIEGER (P30441)
JAMES J. HARRINGTON (P65351)
ROBERT G. KAMENEC (P35283)
NORA Y. HANNA (P80067)
MILICA FILIPOVIC (P80189)
Fieger, Fieger, Kenney & Harrington, P.C.
Attorneys for Plaintiffs
19390 West Ten Mile Road
Southfield, MI 48075
P: (248) 355-5555
F: (248) 355-5148
g.fieger@fiegerlaw.com
j.harrington@fiegerlaw.com
r.kamenec@fiegerlaw.com
n.hanna@fiegerlaw.com
m.filipovic@fiegerlaw.com
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Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.409 Filed 01/07/22 Page 2 of 107
PLAINTIFFS’ FIRST AMENDED COMPLAINT AND RELIANCE ON

DEMAND FOR JURY TRIAL
NOW COME Plaintiffs, JEFFREY FRANZ, and BRANDI FRANZ, as Next
Friends of RILEY FRANZ, a Minor and ISABELLA FRANZ, a Minor, by and
through their attorneys, FIEGER, FIEGER, KENNEY & HARRINGTON, P.C., and
for Plaintiffs’ First Amended Complaint and Reliance on Demand for Jury Trial
against the above-named Defendants, state as follows:
INTRODUCTION
On November 30, 2021, horrific events took place at Oxford High School
which resulted in the slaughter of four (4) high school students and serious gunshot
and psychological injuries to others. The horror of November 30, 2021 was entirely
preventable. Each and every Defendant named herein created and increased the
dangers then-existing at Oxford High School. Each and every Defendant named
herein committed conduct amounting to gross negligence, causing serious and
permanent physical and emotional trauma.
The individually named Defendants are each responsible through their actions
for making the student victims less safe, causing the students to be in direct harm,
and acting in a manner that was so reckless as to demonstrate a substantial lack of
concern for whether an injury results. The acts committed by the Defendants
completely shock the conscious. The Oxford High School students, and Plaintiffs
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in particular, would have been safer had the Individual Defendants not taken the
actions they did.

The Oxford Community School District is responsible for having a

Constitutionally deficient policy, custom and practice that was a driving force behind
the constitutional violations. Further, said school district ratified the unconstitutional
actions of the individually named Defendants.
JURISDICTION AND VENUE
1. This action arises under the United States Constitution and under the
laws of the United States Constitution, particularly under the provisions of the
Fourteenth Amendment to the United States Constitution and under the laws of the
United States, particularly the Civil Rights Act, Title 42 of the United States Code,
Sections 1983 and 1988, and under the statutes and common law of the State of
Michigan.
2. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343 (a)(3),
1343(a)(4) and 42 U.S.C § 1983.
3. This Court has supplemental jurisdiction of the Michigan law state
claims which arise out of the nucleus of operative facts common to Plaintiff’s federal
claims pursuant to 28 U.S.C. § 1367.
4. The actions alleged in this Amended Complaint took place within
Oakland County, State of Michigan, and as such, jurisdiction lies in the United States
District Court for the Eastern District of Michigan (Southern Division).

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5. Venue is proper pursuant to 28 U.S.C. §1391(d).
6. The amount in controversy exceeds One Hundred Million

($100,000,000) dollars, excluding interests, costs, and attorneys’ fees.

PARTIES
7. Plaintiffs hereby reincorporate and reassert each and every allegation
set forth in the previous paragraphs of this Amended Complaint as if fully set forth
herein.
8. At all times relevant hereto, Plaintiffs’ Minor, RILEY FRANZ, was a
resident of the City of Leonard, County of Oakland, State of Michigan.
9. At all times relevant hereto, Plaintiffs’ Minor, ISABELLA FRANZ,

was a resident of the City of Leonard, County of Oakland, State of Michigan.
10. At all times relevant hereto, JEFFREY FRANZ and BRANDI FRANZ
are the biological parents of RILEY FRANZ, a Minor, and ISABELLA FRANZ, a
Minor, and are residents of the City of Leonard, County of Oakland, State of
Michigan.
11. At all times relevant hereto, Plaintiffs’ Minors RILEY FRANZ and
ISABELLA FRANZ were students at Oxford High School in 12th and 9th grade
respectively.
12. Plaintiffs’ Minor, RILEY FRANZ, was an honor roll student preparing
to enter college. Plaintiffs’ Minor, ISABELLA FRANZ, was a star athlete getting
ready for driver’s training.

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13. At all times relevant hereto, Defendant, OXFORD COMMUNITY
SCHOOL DISTRICT, was and is a municipal corporation, duly organized and

carrying out functions in the Township of Oxford, State of Michigan. Its functions
include, but are not limited to: organizing, teaching, operating, staffing, training, and
supervising the staff, counselors, and teachers at Oxford High School.
14. Upon information and belief, at all times relevant hereto, Defendant,
TIMOTHY THRONE, (hereinafter referred to as “THRONE”) is a citizen of the
State of Michigan and was acting under the color of state law within the course and
scope of his employment as Superintendent of the OXFORD COMMUNITY
SCHOOL DISTRICT.
STEVEN WOLF, (hereinafter referred to as “WOLF”) is a citizen of the State of
Michigan and was acting under the color of state law within the course and scope of
his employment as a Principal for Oxford High School within the OXFORD
COMMUNITY SCHOOL DISTRICT.
RYAN MOORE, (hereinafter referred to as “MOORE”) is citizen of the State of
Michigan and was acting under the color of state law within the course and scope of
his employment as a Dean of Students for Oxford High School within the OXFORD
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COUNSELOR #1, (hereinafter referred to as “COUNSELOR #1”) is a citizen of

the State of Michigan and was acting under the color of state law within the course
and scope of his/her employment as a counselor at Oxford High School located in
the OXFORD COMMUNITY SCHOOL DISTRICT.
COUNSELOR #2, (hereinafter referred to as “COUNSELOR #2”) is a citizen of the
State of Michigan and was acting under the color of state law within the course and
scope of his/her employment as a counselor at Oxford High School located in the
OXFORD COMMUNITY SCHOOL DISTRICT.

STAFF MEMBER, (hereinafter referred to as “STAFF MEMBER”) is a citizen of
the State of Michigan and was acting under the color of state law within the course
and scope of his/her employment as a staff member at Oxford High School located
in the OXFORD COMMUNITY SCHOOL DISTRICT.
TEACHER #1, (hereinafter referred to as “TEACHER #1”) is a citizen of the State
of Michigan and was acting under the color of state law within the course and scope
of his/her employment as a teacher at Oxford High School located in the OXFORD
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TEACHER #2, (hereinafter referred to as “TEACHER #2”) is a citizen of the State

of Michigan and was acting under the color of state law within the course and scope
of his/her employment as a teacher at Oxford High School located in the OXFORD
FACTUAL STATEMENT
22. Plaintiffs hereby reincorporate by reference and reassert each and every
allegation set forth in the previous paragraphs of this Amended Complaint as if fully
set forth herein.
23. Plaintiffs’ Minor, RILEY FRANZ, is a 17-year-old female senior

student at Oxford High School.
24. Plaintiffs’ Minor, ISABELLA FRANZ, is a 14-year-old female
freshman student at Oxford High School.
25. Ethan Crumbley was a 15-year-old male sophomore at Oxford High
School at the time of the incident.
26. Defendant THRONE is the Superintendent of the Oxford Community
School District.
27. Defendant THRONE has issued several public statements and
correspondence as the Superintendent of the Oxford Community School district.
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28. Defendant THRONE has also attended board meetings as the
Superintendent of the Oxford Community School District, immediately before and

after the November 30, 2021, shooting rampage at Oxford High School.
29. Defendant WOLF is the Principal of Oxford High School.
30. Defendant WOLF is listed as the Principal of Oxford High School on
the administration page of the Oxford High School Website.
31. Defendant WOLF has sent correspondence to parents of the students
attending Oxford High School, including Mr. Jeffrey Franz and Mrs. Brandi Franz,
immediately before and after the November 30, 2021, shooting rampage at Oxford
High School.
32. Defendant WOLF is listed on various Oxford High School documents,
such as the Student Code of Conduct and the 2021-2022 Course Catalogue, as the
principal of Oxford High School.
33. Upon information and belief, Defendant MOORE is the Dean of
Students at Oxford High School.
34. The school administration webpage lists Defendant MOORE as the
Dean of Students.
35. Defendant MOORE’s LinkedIn account, as of December 9, 2021,
identified himself as the Dean of Students of Oxford High School from “August
2018 to Present”.
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36. Defendant MOORE is identified as the Dean of Students, by the Oxford
High School Administration, on the 2021-2022 Course Catalogue, published on the

Oxford High School website on August 10, 2021.

37. On November 30, 2021, Ethan Crumbley brought a Sig Saur 9mm
semi-automatic handgun to Oxford High School and opened fire slaughtering
students, resulting in the death of four (4), and seriously injuring six (6) other
students and a teacher.
38. Upon information and belief, in the days leading up to the November
30, 2021, incident, Ethan Crumbley, acted in such a way that would lead a reasonable
observer to know and/or believe that he was planning to cause great bodily harm to
the students and/or staff at Oxford High School.
39. By way of example, and not limitation, previous to the November 30,
2021, incident, Ethan Crumbley posted countdowns and threats of bodily harm,
including death, on his social media accounts, warning of violent tendencies and
murderous ideology prior to actually coming to school with the handgun and
ammunition to perpetuate the slaughter.
40. For example, a threat on social media included an update to his twitter
account the night before the shooting, reading, “Now I am become Death, the
destroyer of worlds. See you tomorrow Oxford.”
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41. Upon information and belief, on November 11, 2021, Ethan Crumbley
brought a severed bird head in a mason jar containing a yellow liquid to Oxford High
School and left the jar on a toilet paper dispenser in the boys bathroom.
42. On November 11, 2021, students reported to school administration
officials, including defendant WOLF, the discovery of the jar in the boys bathroom
containing a severed bird head and yellow liquid.
43. The following day, on November 12, 2021, the Oxford High School
administration sent an email to parents of Oxford High School students indicating,
“Please know that we have reviewed every concern shared with us and investigated
all information provided…[w]e want our parents and students to know that there has
been no threat to our building nor our students.”
44. On or about November 16, 2021, days prior to the actual incident,
multiple parents of students provided communications to Defendant WOLF with
concerns about threats to students made on social media, and the incident of the
severed animal heads at Oxford High School, the two weeks before.
45. The parents’ communications to WOLF in part stated, “I know it’s been
investigated but my kid doesn’t feel safe at school," "He didn’t even want to go back
to school today."
46. That same day, November 16, 2021, WOLF emailed parents indicating,
"I know I'm being redundant here, but there is absolutely no threat at the HS…large
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assumptions were made from a few social media posts, then the assumptions evolved
into exaggerated rumors."

47. Defendants THRONE and WOLF reviewed the social media posts of
Crumbley prior to November 30, 2021, which threated Oxford High School students.
48. Defendants THRONE and WOLF had actual knowledge of concerns
from parents of students at Oxford High School as well as the students at Oxford
High School.
49. Defendants THRONE and WOLF were aware that Ethan Crumbley
brought a severed bird head to school and left it in the boys bathroom.
50. Defendants THRONE and WOLF had actual knowledge of Ethan

Crumbley’s violent tendencies and ideations.
51. Despite the posts and knowledge of threats of violence, Defendant
THRONE sent correspondence and emails to parents at Oxford High School
reassuring them that their children were safe at Oxford High School.
52. Following the November 16, 2021, email exchanges and other
communications from Defendant WOLF to the parents of Oxford High School
students, Superintendent THRONE warned the students, via loudspeaker, to stop
spreading information over social media and to stop relying on information on social
media, reiterating that there were no threats that posed any danger to students at
Oxford High School.
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53. At all times relevant hereto, Defendant THRONE, while acting as the
Superintendent of OXFORD COMMUNITY SCHOOL DISTRICT, discouraged

students and parents from reporting, sharing, or otherwise discussing the threatening
social media posts.
54. At all times relevant hereto, Defendant WOLF, while acting as the
Principal of Oxford High School, directed the teachers and counselors to tell students
to stop reporting, sharing, or otherwise discussing the threatening social media posts,
and violent animal slaughter that was occurring at Oxford High School.
55. At all times relevant hereto, Ethan Crumbley’s Instagram and other
social media accounts were not set to private and were available to the public,
including Defendants.
56. Defendants THRONE, WOLF, and other employees and/or agents of
OXFORD COMMUNITY SCHOOL DISTRICT had knowledge of threats made to
the students, including Plaintiffs’ Minors RILEY AND ISABELLA FRANZ.
57. At all times relevant, Defendant THRONE’s actions, by advising each
and every student, including Plaintiffs’ Minors that there was no credible threat,
demonstrated conduct so reckless as to demonstrate a substantial lack of concern for
whether an injury result.
58. At all times relevant hereto, Plaintiff Minors were safer before
Defendant THRONE took action and advised each and every student, including
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Plaintiff Minors, that there was no credible threat. By virtue of Defendant
THRONE’s actions, he substantially increased the harm to Plaintiffs’ Minors.

59. Defendant THRONE knew and/or should have known, that his
announcement to the students at Oxford High School would discourage the students
and/or their parents from reporting credible threats of bodily harm to teachers,
counselors, and staff of Oxford High School.
60. At all times relevant, Plaintiffs’ Minors were safer before Defendant
WOLF took the actions described and advised each and every student, and parents,
including Plaintiffs, that there was no credible threat at Oxford High School. By
virtue of Defendant WOLF’s actions, he substantially increased the harm to

Plaintiffs’ Minors.
61. At all times relevant, Defendant WOLF’s actions, by advising each and
every student, including Plaintiffs’ Minors that there was no credible threat,
constitutes conduct so reckless as to demonstrate a substantial lack of concern for
whether an injury result.
62. Defendant WOLF knew and/or should have known that his assurances
that social media threats were not credible would discourage the students and/or their
parents from reporting credible threats of bodily harm to teachers, counselors, and
staff of Oxford High School.
63. On November 26, 2021, Ethan Crumbley’s father, James Crumbley,
purchased a Sig Saur 9 mm semi-automatic handgun for his son.

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64. On November 26, 2021, Ethan Crumbley posted a picture of the Sig
Saur 9 mm semi-automatic handgun to his social media account with the caption,
“just got my new beauty today” with an emoji with heart eyes, followed by, “Sig
Saur 9 mm. Any questions I will answer.” Emphasis added.
65. At all times relevant hereto, Ethan Crumbley posted to his Instagram
account a post with a picture and caption of the Sig Saur 9 mm semi-automatic
handgun. This post was for public viewing and accessible to all Defendants.
66. On November 27, 2021, Ethan Crumbley’s mother, Jennifer Crumbley,
posted a message on her social media account reading, “mom and son day testing
out his new Christmas present.” Emphasis added.

67. At all times relevant hereto, Jennifer Crumbley’s social media account
was not set to private, and the post was available to the public.
68. At all times relevant hereto, Jennifer Crumbley’s social media account
with the picture and caption of the Sig Saur 9 mm semi-automatic handgun was
available for public viewing and accessible to all Defendants prior to Ethan
Crumbley returning to school on Monday, November 29, 2021.
69. On November 29, 2021, Ethan Crumbley brought live ammunition to
Oxford High School and openly displayed the same while in the classroom.
70. On November 29, 2021, Defendant TEACHER #1 at Oxford High
School observed Ethan Crumbley searching for ammunition on his cell phone during
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class and reported the incident to COUNSELOR #1 at OXFORD COMMUNITY
SCHOOL DISTRICT.
71. Defendant TEACHER #1 allowed Crumbley to stay in the classroom

despite the threats of violence with the minor children at Oxford High School,
including Plaintiff’ Minors.
72. Defendant TEACHER #1 knowingly and deliberately decided to
exclude the school safety liaison officer from notice of such dangers, despite
knowing that Ethan Crumbley was searching for ammunition during class, and the
aforesaid social media posts regarding his weapon were available to the public,
including Defendant TEACHER #1.

73. Defendant TEACHER #1 had actual knowledge of the violent threats
of bodily harm and further had knowledge of Crumbley’s intent to perpetrate those
acts when he/she found Ethan Crumbley searching for ammunition and then did
knowingly and deliberately decided to exclude the school safety liaison officer from
reporting this incident.
74. Following the search for ammunition on Crumbley’s cell phone,
Defendants WOLF and THRONE were notified of the incident, placing them on
further alert of the threat.
75. Upon information and belief, Ethan Crumbley met with Defendants,
COUNSELOR #1 and STAFF MEMBER about the search for ammunition during
class on November 29, 2021.

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76. On November 29, 2021, after meeting with Defendants COUNSELOR
#1 and STAFF MEMBER, and as a result of Ethan Crumbley’s search for

ammunition during class, Jennifer Crumbley, was contacted via telephone by

Defendant STAFF MEMBER who left a voicemail regarding Ethan Crumbley’s
inappropriate internet search.
77. On November 29, 2021, Defendant STAFF MEMBER followed up on
the unreturned voicemail to Jennifer Crumbley, with an email to Ethan Crumbley’s
parents regarding the search for ammunition during school hours.
78. Defendants COUNSELOR #1 and STAFF MEMBER made a knowing
and deliberate decision to exclude involving the school safety liaison officer of Ethan
Crumbley’s behavior and knowingly decided to refrain from informing the school
safety liaison of the meeting with Ethan Crumbley regarding the same.
79. Defendants TEACHER #1 and COUNSELOR #1, deliberately and
knowingly sent Ethan Crumbley home after school, without any discipline or follow-
up search regarding his inappropriate search for ammunition during class.
80. At all times relevant, Defendant STAFF MEMBER, knew and/or
should have known that the information regarding Ethan Crumbley’s inappropriate
internet search would likely be relayed to Ethan Crumbley by his parents and would
encourage and/or entice Ethan Crumbley into more affirmative actions.
81. At all times relevant, the students at Oxford High School, including
minor Plaintiffs, were safer before Defendant STAFF MEMBER, affirmatively

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contacted Ethan Crumbley’s parents via telephone and email, and afferently chose
to allow Ethan Crumbley to return to school the next day. This action assisted with
an acceleration of plans to effectuate the slaughter of his classmates and provided

clearance for Ethan Crumbley to commit the violent slaughter of his classmates.
Defendant, STAFF MEMBER, made a knowing and deliberate decision against
taking any meaningful corrective action against Ethan Crumbley, increasing the risk
that Plaintiffs’ Minors would be exposed to Ethan Crumbley’s acts of violence.
82. At all times relevant, Plaintiffs were safer before Defendant
COUNSELOR #1, affirmatively contacted Ethan Crumbley’s parents via telephone
and email, and affirmatively chose against certain actions and affirmatively decided
to allow Ethan Crumbley to return to school the next day. This action assisted in the
perpetuation of his plans to effectuate and provided the clearance for Ethan
Crumbley to commit, a violent slaughter of classmates and increased the risk that
Plaintiffs’ Minors would be exposed to Ethan Crumbley’s acts of violence.
83. On November 29, 2021, Defendants TEACHER #1 and COUNSELOR
#1, knowingly and deliberately released Ethan Crumbley without further
investigation, or discipline. Further, Ethan Crumbley’s public social media post’s
regarding his Sig Saur 9 mm semi-automatic handgun and Jennifer Crumbley’s
public social media post were available to the Dean of Students, school principal,
superintendent, counselors, and teachers, including Defendants, all of which altered
said Defendants to the imminent attack.

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84. Upon information and belief, in the evening of November 29, 2021,
after Defendants TEACHER #1, COUNSELOR #1, and STAFF MEMBER,

released Ethan Crumbley from school without discipline and without investigating
his inappropriate internet search, and without notifying the school safety liaison
officer, that Ethan Crumbley had posted to his Twitter account, “Now I am become
Death, the destroyer of worlds. See you tomorrow Oxford.” Although his Twitter
account was set to private, the posting was made to his profile biography, and visible
to anyone who could search his name, including Defendants.
85. Ethan Crumbley returned to school the next day unchained and
emboldened by the knowledge that Defendants decided to allow him to return to

school. The students at Oxford High School, and Plaintiffs’ Minors in particular,
were safer before Defendant TEACHER #1, COUNSELOR #1, and STAFF
MEMBER, knowingly and deliberately allowed the murderous student to return to
school the next day, despite the clear and present dangers he posed to students at
Oxford High School.
86. At all times relevant, Defendant TEACHER #1, COUNSELOR #1,
STAFF MEMBER, made a knowing, intentional, and deliberate decision to
intentionally withhold and exclude important and vital information from the school
liaison officer before allowing Ethan Crumbley to return to school the next day,
putting all students in immediate danger, accelerating Crumbley’s plans to effectuate
his planned slaughter of classmates and providing clearance for Ethan Crumbley to
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commit his acts of violence, by said decisions increasing the risk that Plaintiffs’
Minors would be exposed to Ethan Crumbley’s acts of violence.

87. The actions of TEACHER #1, COUNSELOR #1, and STAFF

MEMBER amounted to conduct so reckless so as to demonstrate a substantial lack
of concern for whether an injury results.
88. On the morning of November 30, 2021, Defendant TEACHER #2
discovered horrific drawings on assignments left on Ethan Crumbley’s desk, after
Ethan was caught searching for and watching violent shooting videos on his phone.
These horrific writings and drawings, and Ethan’s watching of shooting videos, were
reported to Defendant MOORE and Defendant COUNSELOR #1 and took a picture

of said note with his/her cell phone.
89. Upon information and belief, the note contained the following:
▪ A drawing of a semi-automatic handgun pointing the words, “the

thoughts won’t stop help me;”
▪ In another section of the note was the drawing of a bullet with the
following words above the bullet, “blood everywhere;”
▪ Between the drawing of the gun and bullet is a drawing of a person who
appears to have been shot twice and bleeding;
▪ Below that figure is a drawing of laughing emoji;
▪ Further down the drawing are the words, “My life is useless” with the
words, “the world is dead” to the right.
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90. Upon information and belief, Defendant TEACHER #2, was also aware
of a school policy of excluding backpacks in classroom, and TEACHER #2, made a

knowing and deliberate decision to leave, unsearched, Ethan Crumbley’s backpack,

even after discovering the alarming note authored by Crumbley.
91. Defendant TEACHER #2 knowingly and affirmatively allowed the
violent and threatening student to continue to maintain control of his backpack,
phone, and other possessions, giving him easy access to store a weapon, all
demonstrating conduct so reckless as to demonstrate a substantial lack of concern
for whether an injury results.
92. At all times relevant hereto, the students at Oxford High School, and in
particular, minor Plaintiffs, were safer before Defendant TEACHER #2 knowingly
and affirmatively allowed Crumbley to continue to maintain control of his backpack,
phone, and other possessions, giving him easy access to store a gun, thereby
increasing the risk that Plaintiff’ Minors would be exposed to Ethan Crumbley’s acts
of violence.
93. At all times relevant, the students at Oxford High School, were safer
before Defendant TEACHER #2 took action and intentionally did not report the
violent notes and drawing by Ethan Crumbley, containing threats of bodily harm,
including death, to the school liaison officer, causing Ethan Crumbley to have the
opportunity to shoot the classmates, but to do so on an accelerated timeline, by
providing clearance for Ethan Crumbley to commit his acts of violence, thereby
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increasing the risk that Plaintiffs’ Minors would be exposed to Ethan Crumbley’s
acts of violence.
94. Upon information and belief, upon discovery of the concerning note,
Ethan Crumbley was removed from the classroom, in front of his classmates, with
his backpack, by Defendant COUNSELOR #1 and was made to sit in the office with
Defendants COUNSELOR #1, and COUNSELOR #2 for approximately an hour and
a half while waiting for his parents to arrive at the school.
95. Defendant COUNSELOR #1 knew and/or should have known that by
removing Ethan Crumbley from class, in front of his classmates, with his backpack
and making him sit for an hour and a half while waiting for his parents, after Ethan
Crumbley had drawn violent pictures and notes depicting death and violence against
students at Oxford High School, such actions provided clearance for Ethan
Crumbley to commit his acts of violence and would, and did, further accelerate Ethan
Crumbley’s murderous plans.
96. Upon information and belief, during the period of time that Ethan
Crumbley sat with the counselors, he maintained control of his backpack which then
contained the Sig Saur 9 mm semi-automatic handgun with 30 live bullets to be used
to slaughter classmates.
97. Defendant COUNSELOR #1 and COUNSELOR #2, knowingly and
deliberately decided to exclude the school safety liaison despite from having
knowledge of threats against the school, Ethan Crumbley’s search history the day
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before, and the violent drawing which were the reason for his removal from the
classroom.
98. At all times relevant, the students of Oxford High School, were safer
before Defendant COUNSELOR #1 and COUNSELOR #2 took action and
deliberately decided against reporting the violent note drawn by Ethan Crumbley,
containing threats of bodily harm, including death, to the school liaison officer,
providing clearance for Ethan Crumbley to commit his acts of violence, allowing
Ethan Crumbley thereby to have the opportunity to carry out his murderous rampage
on an accelerated timeline, thereby increasing the risk that Plaintiffs’ Minors would
be exposed to Ethan Crumbley’s acts of violence.

99. Upon information and belief, Ethan Crumbley’s parents arrived at the
school and a meeting was held with Defendant COUNSELOR #1, Defendant
COUNSELOR #2, Defendant MOORE, Defendant STAFF MEMBER, and
Defendant WOLF, at which Ethan Crumbley was present and at which time they
were shown the aforesaid drawing and advised by Defendants that Ethan was
required to go to counseling within 48-hours.
100. Upon information and belief, Ethan Crumbley’s parents were advised
by Defendants COUNSELOR #1, COUNSELOR #2, MOORE, STAFF MEMBER,
and WOLF, in the very presence of Ethan Crumbley, that a failure to attend
counseling within 48 hours would result in the school contacting Child Protective
Services.
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101. At no point prior to the meeting with Ethan Crumbley and his parents
did any Defendant contact Child Protective Services.

102. All Defendants are mandatory reporters under Michigan Law.

103. All Defendants received specialized training in identifying abuse and
child endangerment.
104. Despite the threats, posts of guns and ammunition, threats of violence,
and terror, no Defendant made contact with Child Protective Services, which would
have investigated Ethan Crumbley and warned the students at Oxford High School
of his imminent threats.
105. Alternatively, and additionally, Defendants failed to institute, train, or

otherwise instruct Defendants on their duties as mandatory reporters.
106. Defendants’ failure to mandatorily report such demonstrated violent
conduct and threats is so reckless as to have a substantial disregard for whether injury
would occur or otherwise amount to gross negligence.
107. Defendants COUNSELOR #1, COUNSELOR #2, MOORE, STAFF
MEMBER, and WOLF took these actions during school hours, while students were
present at Oxford High School.
108. After the meeting which Defendants COUNSELOR #1, COUNSELOR
#2, STAFF MEMBER, TEACHER #1, TEACHER #2, WOLF and MOORE, Ethan
Crumbley, and his parents, Ethan Crumbley was allowed to by Defendants and
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returned to the classroom with his backpack containing the Sig Saur 9 mm semi-
automatic handgun and 30 live bullets.

109. At all times relevant, Defendants STAFF MEMBER, COUNSELOR

#1, COUNSELOR #2, TEACHER #2, MOORE, and WOLF, deliberately conducted
this meeting, excluding the School Safety Liaison Officer from the meeting, thereby
preventing him from being present at the meeting.
110. At all times relevant, Plaintiffs were safer before Defendant WOLF
took action and held a meeting with Crumbley and his parents (without the school
safety liaison officer present) and by subsequently allowing Ethan Crumbley to
return to class where he was able to carry out a massacre of classmates. By virtue of
Defendant WOLF’s actions, he provided clearance for Ethan Crumbley to commit
his acts of violence, substantially increased the harm that Plaintiffs’ Minors would
be exposed to Ethan Crumbley’s acts of violence.
111. At all times relevant, Plaintiffs were safer before Defendant MOORE
took action and held a meeting with Ethan Crumbley and his parents (without the
school safety liaison officer present) and by subsequently allowing Crumbley to
return to his classroom after said meeting, thereby providing clearance for Ethan
Crumbley to commit his acts of violence and allowing Ethan Crumbley to carry out
the murder of fellow students, fulfilling his aforesaid promises to do so. By virtue
of Defendant MOORE’s actions, he substantially increased the risk that Plaintiffs’

24
112. At all times relevant, Plaintiffs were safer before Defendant TEACHER
#2 took action and held a meeting with Crumbley and his parents (without the school
safety liaison officer present) and by subsequently allowing Crumbley to return to

his classroom where he was able to effectuate his planned massacre. By virtue of
Defendant TEACHER #2 actions, he/she provided clearance for Ethan Crumbley to
commit his acts of violence and substantially increased the risk that Plaintiffs’
113. At all times relevant, the actions of TEACHER #2 and COUNSELOR
#2 amounted to conduct so reckless so as to demonstrate a substantial disregard for
whether injury would occur or otherwise amount to gross negligence.

COUNSELOR #1 took action and held a meeting with Crumbley and his parents
(without the school safety liaison officer present) and by subsequently allowing
Crumbley to return to his classroom where he was able to carry out a massacre of
students. By virtue of Defendant COUNSELOR #1 actions, he/she provided
clearance for Ethan Crumbley to commit his acts of violence and substantially
increased the risk that Plaintiffs’ Minors would be exposed to Ethan Crumbley’s acts
of violence.
COUNSELOR #2 took action and held a meeting with Crumbley and his parents
(without the school safety liaison officer present) and provided clearance for Ethan
25
Crumbley to commit his acts of violence by subsequently allowing Crumbley to
return to his classroom where he was able to carry out a slaughter. By virtue of
Defendant COUNSELOR #2 actions, he/she substantially increased the risk that

116. At all times relevant, Plaintiffs were safer before Defendant STAFF
MEMBER took action and held a meeting with Crumbley and his parents (without
the school safety liaison officer present) and provided clearance for Ethan Crumbley
to commit his acts of violence by subsequently allowing Crumbley to return to his
classroom where he was able to carry out his plan to murder classmates. By virtue
of Defendant STAFF MEMBER’s actions, he/she substantially increased the risk

that Plaintiffs’ Minors would be exposed to Ethan Crumbley’s acts of violence.
117. Defendants WOLF, MOORE, TEACHER #2, COUNSELOR #1,
COUNSELOR #2, and STAFF MEMBER, knew that threatening to call Child
Protective Services within 48 hours, and threating, without action, to remove Ethan
Crumbley from his home, would create and/or increase the likelihood that Ethan
Crumbley would carry out his plan and slaughter he lost the opportunity given the
prospect of threatened Child Protective Services intervention in the coming days.
118. Upon information and belief, after being allowed to return to his
classroom, Ethan Crumbley took his backpack to a school bathroom, and, sometime
after being returned to his class, loaded ammunition in the Sig Saur 9 mm semi-
automatic handgun and walked out of the bathroom to design the massacre.
26
119. Defendants WOLF, MOORE, TEACHER #2, COUNSELOR #1,
COUNSELOR #2, and STAFF MEMBER gave Ethan Crumbley the opportunity to
go to the bathroom, with his backpack, to prepare for his planned rampage, thereby
provided clearance for Ethan Crumbley to commit his acts of violence, increasing
the risk that Plaintiffs’ Minors would be exposed to Ethan Crumbley’s acts of
violence.
120. At approximately 12:52 p.m., authorities were notified of an active
shooter at Oxford High School.
121. Upon information and belief, Ethan Crumbley’s massacre was halted
when he was apprehended by law enforcement.

122. On November 30, 2021, RILEY FRANZ was shot in the neck as a direct
result of each and every one of the within enumerated actions of Defendants’,
causing her severe trauma, post-traumatic stress disorder, fright, shock, terror,
anxiety as well as physical and emotional injuries.
123. On November 30, 2021, ISABELLA FRANZ, narrowly escaped the
bullets discharged towards her, her sister, and her friends. She observed her sister,
friends and classmates being shot and murdered, causing her severe trauma, fright,
shock, terror, anxiety, post-traumatic stress disorder, and emotional injuries
124. On December 1, 2021, Ethan Crumbley was arraigned and charged as
an adult with one count of terrorism causing death, four (4) counts of first-degree
27
murder, seven (7) counts of assault with intent to murder, and 12 counts of
possession of a firearm in the commission of a felony.

125. The risk that Ethan Crumbley posed a substantial and deadly harm to
other students was obvious and known by the Defendants.
126. That each and every defendant named herein made affirmative actions
that created and increased the risk of harm and danger to Oxford High School
students, and in particular, Plaintiffs’ Minors’ RILEY FRANZ’s and ISABELLA
FRANZ’s, vulnerability to the extremely violent behavior and murderous ideology
of Ethan Crumbley and provided clearance for Ethan Crumbley to commit his acts
of violence. Minor Plaintiffs were all safer before the actions of all Defendants than
they were after.
127. That each and every defendant named herein took affirmative actions
and as well as committed failures that acted as and created harm and danger to
Oxford High School students, including, Plaintiffs’ Minors’ RILEY FRANZ’s and
ISABELLA FRANZ’s. Defendants conduct was so reckless as to have a substantial
disregard for whether injury would occur or otherwise amounting to gross
negligence.
128. The “state action” of all Defendants substantially increased the harm to
the minor Plaintiffs, thereby increasing the risk that Plaintiffs’ would be exposed to
Ethan Crumbley’s acts of violence.
28
129. The “state action” of each and all of the Defendants provided clearance
for Ethan Crumbley to commit his acts of violence and accelerated the acts of
violence committed by Ethan Crumbley.

130. The “state action” of all Defendants allowed threats of violence to be
carried out towards the students, provided clearance for Ethan Crumbley to commit
his acts of violence, and allowed Crumbley the opportunity to retrieve his handgun,
by deliberately conducting inflammatory meetings without a police liaison present,
directly causing the students at Oxford High School to be subjected to great bodily
harm.
131. At all times relevant, all Defendants willfully misrepresented the

dangers presented which was an action in and of itself. The students and Plaintiffs’
Minors in particular were safer had the misrepresentations not been said, thereby
increasing the risk that Plaintiffs’ would be exposed to Ethan Crumbley’s acts of
violence.
132. The Defendants affirmative actions were reckless and put the students
at Oxford High School, and in particular Plaintiffs’ Minors, RILEY FRANZ, and
ISABELLA FRANZ, in a substantial risk of serious and immediate harm.
133. Defendants had a clearly established duty to not create and/or increase
the risk of harm and danger to Oxford High School Students, and in particular,
Plaintiffs’ minors’ RILEY FRANZ and ISABELLA FRANZ.
29
134. The Defendants affirmative actions placed Oxford High School
students, and in particular Plaintiffs’ minors, RILEY FRANZ and ISABELLA

FRANZ, at risk of a violent school shooting.

135. The Defendants knew and/or clearly should have known that their
actions would endanger the students at Oxford High School, and in particular,
Plaintiffs’ Minors, RILEY FRANZ and ISABELLA FRANZ.
136. RILEY FRANZ and ISABELLA FRANZ were safer before each and
every one of the individual Defendants took the within enumerated actions, which
placed Plaintiffs’ Minors in a substantially more dangerous situation, provided
clearance for Ethan Crumbley to commit his acts of violence, increasing the risk that
137. At all times relevant the action by each and every individual defendant
created the substantial risk that outside assistance to the Oxford High School
Students and Plaintiff’s in particular would be negated, by willfully representing
they had taken action ensure the safety of all the Oxford High School Students,
including Plaintiffs’ minors.
138. Defendants’ failure to report the crimes of threats and violence
demonstrated conduct was so reckless as to have a substantial disregard for whether
injury would occur, and otherwise amounted to gross negligence.
139. Alternatively, Defendants failed to institute, train, or otherwise instruct
Defendants on their duties as reporters of violence and crimes.

30
140. At all times relevant, all Defendants failure to train, institute, or
otherwise instruct on the Oxford High School employees and or administration was
done in a manner so reckless as to have a substantial disregard for whether injury

would occur or otherwise done in a grossly negligent manner.
141. The actions of all Defendants increased the danger presented by Ethan
Crumbley.
142. The actions of all Defendants were a/the proximate cause of Plaintiffs’
Minors injuries.
143. The actions of all Defendants were the most immediate, efficient, and
direct cause of Plaintiffs’ Minors injuries.

144. The actions of all Defendants allowed threats to be carried out against
the students, allowed Ethan Crumbley the opportunity to retrieve his handgun, by
conducting inflammatory meetings with Ethan Crumbley and his parents without a
police liaison present directly caused the students at Oxford High School to be in
danger of harm. This action directly caused Plaintiffs’ Minors injuries.
145. At all times relevant, all Defendants willfully misrepresented the
danger presented which was an action. This action directly caused Plaintiffs’ Minors
injuries.
146. The Defendants actions, as well as their failures to act were reckless
and put the students at Oxford High School, including Plaintiffs’ Minors, RILEY
31
FRANZ, and ISABELLA FRANZ, in substantial risk of serious and immediate
harm.
147. The Defendants actions, as well as their failures to act, placed Oxford
High School students, including Plaintiffs’ Minors, RILEY FRANZ and ISABELLA
FRANZ, at risk of a mass murder expressly promised by Crumbley.
148. At all times relevant hereto the actions of each and every individual
defendant removed the likelihood of police outside assistance to the Oxford High
School Students and Plaintiffs’ Minors in particular by willfully representing they
had taken action to ensure the safety of the Oxford High School Students when they
had not.
149. Defendants’ conduct was outrageous and shocks the conscience.
150. Defendants are not entitled to governmental and/or qualified immunity.
151. Defendants acted with conduct so reckless as to demonstrate a
substantial lack of concern for whether an injury result causing the proximate cause
of injuries to both Minor Plaintiffs.
32
COUNT I
VIOLATION OF CIVIL RIGHTS PURSUANT TO THE
14TH AMENDMENT TO THE CONSTITUTION
AND 42 U.S.C. §1983, 1988 STATE CREATED DANGER
AS TO DEFENDANTS, COUNSELOR #1, COUNSELOR #2, TEACHER #1,

TEACHER #2, STAFF MEMBER, SUPERINTENDENT TIMOTHY
THRONE, DEAN OF STUDENTS, RYAN MOORE and, PRINCIPAL

STEVEN WOLF
set forth in the previous paragraphs of this Amended Complaint as if fully set forth
herein.
153. As a citizen of the United States Plaintiffs’ Minors, RILEY FRANZ
and ISABELLA FRANZ were entitled to all rights, privileges, and immunities
accorded to all citizens of the State of Michigan and of the United States.
154. Pursuant to the Fourteenth Amendment of the United States
Constitution, at all times relevant hereto, Plaintiffs’ Minors, RILEY FRANZ and
ISABELLA FRANZ, had a clearly established right to be free from danger created
and/or increased by the Defendants.
155. At all times relevant hereto, that the Defendants, COUNSELOR #1,
COUNSELOR #2, TEACHER #1, TEACHER #2, STAFF MEMBER, THRONE,
WOLF, and MOORE, were acting under the color of state law and created and/or
increased a state created danger by substantially increasing the risk of harm to
RILEY FRANZ and ISABELLA FRANZ and in reckless disregard to Plaintiffs’
33
Minors safety, thereby increasing the risk that Plaintiffs’ Minors would be exposed
to Ethan Crumbley’s acts of violence.

156. That actions by Defendants, COUNSELOR #1, COUNSELOR #2,

TEACHER #1, TEACHER #2, STAFF MEMBER, THRONE, WOLF, and
MOORE, under the 14th Amendment to the United States Constitution, as well as 42
U.S.C. §1983 and §1988 were all performed under the color of state law and were
objectively unreasonable and performed knowingly, deliberately and indifferently to
Plaintiffs’ Minors RILEY FRANZ and ISABELLA FRANZ and in reckless
disregard to Plaintiffs’ Minors’ safety.
157. That each and all Defendants, were acting under the color of state law
when they deprived Plaintiffs’ Minors RILEY FRANZ and ISABELLA FRANZ of
their clearly established rights, privileges, and immunities in violation of the 14 th
Amendment of the Constitution of the United States, and of 42 U.S.C. §1983 and
§1988.
158. That each and every individual Defendant exhibited deliberate
indifference, pursuant to the Fourteenth Amendment to the United States
Constitution, by taking affirmative actions resulting in the students and Plaintiffs’
Minors in particular being less safe than they were before the action of each and
every Individual Defendant. Their actions created the danger and increased the risk
of harm that their students would be exposed to private acts of violence, to wit:
34
a. Deliberately and intentionally returning Ethan Crumbley to class

with a loaded Sig Saur 9 mm semi-automatic handgun;
b. Deliberately deciding against involving and advising the proper

police authorities of Ethan Crumbley’s conduct and making a

decision to handle the situation without proper authorities being
involved;
c. Choosing to return Ethan Crumbley to class with a Sig Saur 9 mm

semi-automatic handgun after he had been actively searching for
ammunition during class on the internet the day before;
d. Deliberately deciding against searching Ethan Crumbley’s

backpack;
e. Deciding against reporting Ethan Crumbley’s internet search for
ammunition to proper police authorities the day before the shooting;
f. Deliberately returning Ethan Crumbley to his classroom with a Sig

Saur 9 mm semi-automatic handgun and ammunition, after
confiscating a picture drawn by Ethan Crumbley which

demonstrated a high likelihood that Ethan Crumbley would
effectuate a slaughter;
g. Deciding against internally handling the complaints and threat of a
school shooter in the days leading to the November 30, 2021, school
shooting rather than involve the proper police authorities;
h. Deciding against inspecting Ethan Crumbley’s backpack which
maintained the Sig Saur 9 mm semi-automatic handgun and
ammunition used to shoot Plaintiffs’ Minors and/or Ethan
Crumbley’s locker, when Defendants maintained custody and
control over same;
i. Deliberately and intentionally concealing facts from the appropriate
law enforcement authority before returning Ethan Crumbley to class
where he had access to the Sig Saur 9 mm semi-automatic handgun
used to shoot Plaintiffs’ Minors’;
j. Deliberately deciding against reporting Ethan Crumbley’s

suspicious behavior to Child Protective Services;
k. Deliberately deciding against reporting Ethan Crumbley’s
suspicious behavior to appropriate law enforcement;
35
l. Interviewing Ethan Crumbley in front of his parents, knowing that

interview would accelerate the violence planned, and creating a
more dangerous situation for the students after said interview by,
inter alia, providing clearance and the go ahead for Ethan Crumbley
to thereafter commit his acts of violence;

m. Deliberately deciding against having appropriate mental health

intervention for Ethan Crumbley prior to returning him to class with
a Sig Saur 9 mm semi-automatic handgun;
n. Demonstrating conduct so reckless that it demonstrates a substantial

lack of concern for whether any injury would result;
o. Wrongfully causing Plaintiffs’ Minors to suffer extreme emotional

distress;
p. Recklessly, or otherwise improperly returning Ethan Crumbley to
class with the Sig Saur 9 mm semi-automatic handgun, so that he
could effectuate his murderous ideology;
q. Enforced the deficient and faulty policies, procedures, and practices

set forth in Count III, infra, as well as those previously described
in this Amended Complaint.
r. The failures and resulting failures of the actions set for in
subparagraphs (a)-(q), above.
s. Any and all other breaches that may become known throughout the
course of this litigation.
159. That all of the above conduct alleged in paragraph 158 a-s substantially
increased the harm to Plaintiffs Minors, who were safer before Defendants took the
affirmative acts described within paragraph 158 a-s.
160. That the above-described conduct of Defendants COUNSELOR #1,
MOORE, and WOLF, as specifically set forth above, were the proximate cause of
36
Plaintiffs’ Minor, RILEY FRANZ’s injuries and damages, including but not limited
to the following:
a. Gunshot wound to the neck;

b. Fright, shock, and terror leading up to the shooting;
c. Conscious pain and suffering;
d. Need for wound care;
e. Need for therapy;

f. Post-Traumatic Stress Disorder;
g. Terrors;
h. Disruption of her life;
i. Pain and suffering;
j. Anxiety;
k. Mental anguish;
l. Emotional Distress;
m. Fright and shock;
n. Humiliation and/or mortification;

o. Past and future reasonable medical and hospital expenses;
p. Past and future wage loss and loss of earnings capacity;
q. Need for household services;

r. Need for attendant care;
s. Punitive damages;
t. Exemplary damages;
u. Any and all compensatory damages, both past and future;
v. Attorneys’ fees and costs pursuant to 42 U.S.C. §1988;

37
w. Other damages, injuries, and consequences that are found to be related

to the incident that develops during the course of discovery; and
x. Any other damages allowed by law.

161. That the above-described conduct of Defendants, COUNSELOR #1,

MOORE, and WOLF, as specifically set forth above, were the proximate cause of
Plaintiffs’ Minor, ISABELLA FRANZ’s injuries and damages, including but not
limited to the following:
a. Post-Traumatic Stress Disorder;

c. Pain and suffering;
d. Anxiety;
e. Mental anguish;
f. Emotional Distress;
g. Fright and shock;
h. Humiliation and/or mortification;

i. Past and future reasonable medical and hospital expenses;
j. Past and future wage loss and loss of earnings capacity;
k. Need for household services;
l. Need for attendant care;
m. Punitive damages;
n. Exemplary damages;
o. Any and all compensatory damages, both past and future;
p. Attorneys’ fees and costs pursuant to 42 U.S.C. §1988;

38
q. Other damages, injuries, and consequences that are found to be related

r. Any other damages allowed by law.

162. Defendants are not entitled to governmental or qualified immunity.

WHEREFORE, Plaintiffs, JEFFREY FRANZ and BRANDI FRANZ, as
Next Friends of RILEY FRANZ, a Minor, and ISABELLA FRANZ, a Minor,
request that this Honorable Court enter judgment in their favor and against
Defendants, jointly and severally, in an amount in excess of One-Hundred Million
Dollars ($100,000,000.00), together with interest, costs and attorneys’ fees, as well
as punitive and/or exemplary damages.
COUNT II
VIOLATION OF CIVIL RIGHTS PURSUANT TO THE

14TH AMENDMENT TO THE CONSTITUTION
AND 42 U.S.C. §1983, 1988 – SUPERVISORY LIABILITY
DEFENDANTS SUPERINTENDENT TIMOTHY THRONE, and
PRINCIPAL STEVEN WOLF
set forth in the previous paragraphs of this Amended Complaint.
164. At all times relevant hereto, Defendant THRONE, was the
Superintendent at OXFORD COMMUNITY SCHOOL DISTRICT, and directly
supervised and oversaw the actions of Defendants WOLF, COUNSELOR #1,
COUNSELOR #2, TEACHER #1, TEACHER #2, STAFF MEMBER, and
MOORE, and encouraged the specific incident of misconduct and/or directly
39
participated in it by not expelling, disciplining, and providing proper supervision for
Ethan Crumbley, and/or notifying police authorities of Crumbley’s violent plans.

165. At all times relevant hereto, Defendant THRONE, was the

Superintendent at OXFORD COMMUNITY SCHOOL DISTRICT, and directly
supervised and oversaw the actions of Defendants WOLF, COUNSELOR #1,
COUNSELOR #2, TEACHER #1, TEACHER #2, STAFF MEMBER, and
MOORE, and encouraged the specific incident of misconduct and/or directly
participated in it by discoursing the reporting, sharing, or mentioning of threats
against Oxford High School.
166. At all times relevant hereto, Defendant WOLF, was the principal at
Oxford High School, who was the direct supervisor and oversaw the actions of
Defendants COUNSELOR #1, COUNSELOR #2, TEACHER #1, TEACHER #2,
STAFF MEMBER, and MOORE, and encouraged the specific incident of
misconduct and/or directly participated in it by not expelling, disciplining, and
providing proper supervision for Ethan Crumbley.
167. By inadequately training and/or supervising their teachers, counselors,
and dean of students, and having a custom or policy of indifference to the
constitutional rights of their citizens, and/or by failing to adequately supervise school
shooter, Ethan Crumbley, Defendants THRONE and WOLF encouraged and
cultivated the conduct which then caused a violation of Plaintiffs’ rights under the
Fourteenth Amendments of the United States Constitution.

40
168. By not expelling, disciplining, searching, or providing proper
supervision for Ethan Crumbley, Defendants THRONE and WOLF authorized,

approved, or knowingly acquiesced in the unconstitutional conduct of Defendants

COUNSELOR #1 and COUNSELOR #2, TEACHER #1, TEACHER #2, STAFF
MEMBER, and MOORE, by allowing Ethan Crumbley to return to his classroom
and carry out his murderous rampage.
169. Pursuant to the Fourteenth Amendment of the United States
Constitution, at all times relevant hereto, each of Plaintiffs’ Minors, RILEY FRANZ
and ISABELLA FRANZ, had a clearly established right to be free from dangers
created by the Defendants.

170. That actions and omissions by Defendants, THRONE, WOLF,
COUNSELOR #1, and COUNSELOR #2, TEACHER #1, TEACHER #2, and
MOORE, under the 14th Amendment to the United States Constitution, as well as 42
U.S.C. §1983 and §1988 were all performed under the color of state law and were
objectively unreasonable and performed knowingly, deliberately and indifferently to
Plaintiffs’ Minors RILEY FRANZ and ISABELLA FRANZ and in reckless
disregard to Plaintiffs’ Minors’ safety.
171. That Defendants, THRONE, WOLF, COUNSELOR #1, and
COUNSELOR #2, TEACHER #1, TEACHER #2, and MOORE were acting under
the color of state law when they deprived Plaintiffs’ Minors RILEY FRANZ and
ISABELLA FRANZ of their clearly established rights, privileges, and immunities

41
in violation of the 14th Amendment of the Constitution of the United States, and of
42 U.S.C. §1983 and §1988.

172. The Defendants exhibited deliberate indifference, pursuant to the

Fourteenth Amendment to the United States Constitution, to be free from acts that
create the risk of harm and/or increase the risk of harm that an individual will be
exposed to private acts of violence, to wit:
a. Deliberately and intentionally returning Ethan Crumbley to his class

with a loaded Sig Saur 9 mm semi-automatic handgun;
b. Deliberately deciding against involving and advising the proper

police authorities of Ethan Crumbley’s conduct and making a
decision to handle the situation without proper authorities being
involved;
c. Choosing to return Ethan Crumbley to class with a Sig Saur 9 mm

semi-automatic handgun after he had been actively searching for
ammunition during class on the internet the day before;
d. Deliberately deciding against searching Ethan Crumbley’s
backpack;
e. Deciding against reporting Ethan Crumbley’s internet search for

ammunition to proper police authorities the day before the shooting;
f. Deliberately returning Ethan Crumbley to his classroom with a Sig

Saur 9 mm semi-automatic handgun and ammunition, after
confiscating a picture drawn by Ethan Crumbley which
demonstrated a high likelihood that Ethan Crumbley would
effectuate a slaughter;
g. Deciding against internally handling the complaints and threat of a

school shooter in the days leading to the November 30, 2021, school
shooting rather than involve the proper police authorities;
h. Deciding against inspecting Ethan Crumbley’s backpack which

maintained the Sig Saur 9 mm semi-automatic handgun and
ammunition used to shoot Plaintiffs’ Minors and/or Ethan
42
Crumbley’s locker, when Defendants maintained custody and

control over same;
i. Deliberately and intentionally concealing facts from the appropriate

law enforcement authority before returning Ethan Crumbley to class

where he had access to the Sig Saur 9 mm semi-automatic handgun
used to shoot Plaintiffs’ Minors’;
j. Deliberately deciding against reporting Ethan Crumbley’s

suspicious behavior to Child Protective Services;
k. Deliberately deciding against reporting Ethan Crumbley’s

suspicious behavior to appropriate law enforcement;
l. Interviewing Ethan Crumbley in front of his parents, knowing that

interview would accelerate the violence planned, and creating a
more dangerous situation for the students after said interview by,
inter alia, providing clearance and the go ahead for Ethan Crumbley
to thereafter commit his acts of violence;
m. Deliberately deciding against having appropriate mental health

intervention for Ethan Crumbley prior to returning him to class with
a Sig Saur 9 mm semi-automatic handgun;
n. Demonstrating conduct so reckless that it demonstrates a substantial
lack of concern for whether any injury would result;
o. Wrongfully causing Plaintiffs’ Minors to suffer extreme emotional

distress;
p. Recklessly, or otherwise improperly returning Ethan Crumbley to

class with the Sig Saur 9 mm semi-automatic handgun, so that he
could effectuate his murderous ideology;
q. Enforced the deficient and faulty policies, procedures, and practices

set forth in Count III, infra, as well as those previously described in
this Amended Complaint;
r. The failures and resulting failures of the actions set for in

subparagraphs (a)-(q), above;
s. Any and all other breaches that may become known throughout the
course of this litigation.
43
173. That the above-described conduct of Defendants, THRONE, WOLF,
COUNSELOR #1, COUNSELOR #2, TEACHER #1, and TEACHER #2, STAFF
MEMBER, and MOORE as specifically set forth above, were the proximate cause
of Plaintiffs’ Minor, RILEY FRANZ’s injuries and damages, including but not


g. Terrors;

j. Anxiety;
k. Mental anguish;

44

w. Other damages, injuries, and consequences that are found to be

related to the incident that develops during the course of
discovery; and
174. That the above-described conduct of Defendants, THRONE, WOLF,
COUNSELOR #1, COUNSELOR #2, TEACHER #1, and TEACHER #2, STAFF
MEMBER, and MOORE, as specifically set forth above, were the proximate cause
of Plaintiffs’ Minor, ISABELLA FRANZ’s injuries and damages, including but not


d. Anxiety;
e. Mental anguish;


45


q. Other damages, injuries, and consequences that are found to be
related to the incident that develops during the course of
discovery; and


Defendants, jointly and severally, in an amount in excess of One Hundred Million
COUNT III
42 U.S.C. § 1983 – MONELL LIABILITY
DEFENDANT OXFORD COMMUNITY SCHOOL DISTRICT
set forth in the previous paragraphs of this Amended Complaint.
177. At all times relevant, Defendant OXFORD COMMUNITY SCHOOL
DISTRICT failed and failed adequately to train, discipline and supervise
Defendants, THRONE, WOLF, COUNSELOR #1, COUNSELOR #2, TEACHER

46
#1, and TEACHER #2, STAFF MEMBER, and MOORE, promulgating and
maintaining de facto unconstitutional customs, policies, or practices rendering them

liable for the constitutional violations alleged herein under Monell v. Dept. of Social
Services of the City of New York, 436 U.S. 658 (1978).
DISTRICT knew or should have known that the policies, procedures, training
supervision and discipline of Defendants, THRONE, WOLF, COUNSELOR #1,
COUNSELOR #2, TEACHER #1, and TEACHER #2, STAFF MEMBER, and
MOORE, were inadequate for the tasks that each Defendant was required to perform.
179. At all times relevant, Defendant, OXFORD COMMUNITY SCHOOL

DISTRICT failed to establish, implement, or execute adequate policies, procedures,
rules and regulations to ensure that their actions did not create or increase the risk
Plaintiffs’ Minors, RILEY FRANZ and ISABELLA FRANZ, would be exposed to
private acts of violence.
180. At all times relevant, Defendant, OXFORD COMMUNITY SCHOOL
DISTRICT failed to establish, implement, or execute adequate policies, procedures,
rules and regulations to ensure that their teachers, counselors and staff do not take
actions that create or increase the risk of harm to district’s students at Oxford High
School, such as Plaintiffs’ Minors RILEY FRANZ, and ISABELLA FRANZ.
DISTRICT was on notice or should have known, of a history, custom, propensity,

47
and pattern for Defendants, THRONE, WOLF, COUNSELOR #1, COUNSELOR
#2, TEACHER #1, and TEACHER #2, STAFF MEMBER, and MOORE, and other
employees of Oxford High School, to fail to properly identify a student with violent
tendencies and acted in such a way that created a risk of harm to Oxford High School
students and/or increased a risk of harm to Oxford High School students, such as
Plaintiffs’ Minors’ RILEY FRANZ and ISABELLA FRANZ.
182. Defendant OXFORD COMMUNITY SCHOOL DISTRICT explicitly
and implicitly authorized, approved, or knowingly acquiesced in the deliberate
indifference to the strong likelihood that constitutional violations, such as in the
instant case, would occur, and pursued policies, practices, and customs that were a
direct and proximate cause of the deprivations of Plaintiffs’ Minors’ constitutional
rights.
DISTRICT knew that its policies, procedures, customs, propensity and patterns of
supervising a student with violent tendencies and murderous ideology, would
deprive citizens, such as Plaintiffs’ Minors RILEY FRANZ and ISABELLA
FRANZ, of their constitutional rights.
DISTRICT knew that its policies, procedures, customs, propensity and patterns
allowed principals, counselors, and teachers to return a student with violent
tendencies back to his classroom such that their actions created a risk of harm and/or
48
an increased risk of harm to the students at Oxford High School before getting
permission from proper authorities.

185. Upon information and belief, Defendant OXFORD COMMUNITY

SCHOOL DISTRICT maintained a policy that allowed principals, counselors and
teachers to return a fully weaponized violent child with murderous plans, back into
a classroom, such that he could effectuate a massacre.
186. By inadequately training and/or supervising their principals and
counselors and having a custom or policy of deliberate indifference to the
constitutional rights of their citizens, Defendant, OXFORD COMMUNITY
SCHOOL DISTRICT, encouraged and cultivated the conduct which violated

Plaintiffs’ Minors’ rights under the Fourteenth Amendments of the United States
Constitution, and provided clearance for Ethan Crumbley to commit his acts of
violence, thereby increasing the risk that Plaintiffs’ Minors would be exposed to
Ethan Crumbley’s acts of violence.
187. That the above-described conduct of Defendant, Oxford Community
School District, was the proximate cause of Plaintiffs’ Minor, RILEY FRANZ’s
injuries and damages, including but not limited to the following:

49

g. Terrors;


j. Anxiety;
k. Mental anguish;


w. Other damages, injuries, and consequences that are found to be

related to the incident that develops during the course of discovery;
and
50
188. That the above-described conduct of Defendants was the proximate
cause of Plaintiffs’ Minor, ISABELLA FRANZ’s injuries and damages, including

but not limited to the following:

d. Anxiety;
e. Mental anguish;



q. Other damages, injuries, and consequences that are found to be

related to the incident that develops during the course of discovery;
and

51

Defendants, jointly and severally, in an amount in excess of One Hundred Million
COUNT IV– GROSS NEGLIGENCE

DEFENDANT TIMOTHY THRONE
190. Plaintiffs’ minors hereby reincorporate each and every allegation set
forth in the preceding paragraphs of this Amended Complaint as if fully set forth
herein.
191. At all times relevant hereto, and pursuant to Michigan Law, Defendant
THRONE owed a duty to act with care for the safety of the public while acting as
superintendent of OXFORD COMMUNITY SCHOOL DISTRICT and specifically
owed duties to Plaintiffs’ Minors, RILEY and ISABELLA FRANZ, which duties
include, but are not limited to, obeying all laws, statutes and local ordinances in a
way that is not grossly negligent.
192. Defendant THRONE had actual knowledge of the threats of violence
and shooting made against Oxford High School.
193. Defendant THRONE had actual knowledge of concerns from parents
of students at Oxford High School as well as the students at Oxford High School.
52
194. Defendant THRONE viewed social media posts and media which made
threats against Oxford High School students.


THRONE sent correspondence to parents at Oxford High School reassuring them of
the safety at the school.
196. Defendant THRONE announced over the school intercom system at
Oxford High School not to worry about any danger and specifically told the children
and students at Oxford High School not to post, address, or share information that
the school was under threat.
197. In addition to the social media posts, Defendant THRONE, had actual
knowledge of Ethan Crumbley searching for ammunition and making threatening
drawings while in class and during school hours at Oxford High School.
198. Defendant THRONE authorized the meeting between agents of
OXFORD COMMUNITY SCHOOL DISTRICT and Jennifer and James Crumbley.
199. While acting as superintendent of the school, Defendant THRONE
knew that a police liaison was present at Oxford High School during the hours that
the meeting between Jennifer and James Crumbley and OXFORD COMMUNITY
SCHOOL DISTRICT was held and did not include that officer.
200. While acting as superintendent of the school, Defendant THRONE
knew that the subject matter of that meeting was to address threats, searches for
ammunition, and violent commentary by Ethan Crumbley.

53
201. Defendant THRONE allowed Ethan Crumbley to be removed from
class during school hours in front of his classmates.

202. Defendant THRONE allowed Ethan Crumbley to sit in a counselor’s

office for over an hour without any search of his backpack, locker, or phone.
203. Defendant THRONE allowed a meeting to transpire without
announcing, warning, or otherwise protecting the students at Oxford High School.
204. Defendant THRONE excited Ethan Crumbley by pulling him from
class, and threatening that Child Protective Services would pull him out of his home
(without actually calling Child Protective Services) and thus, accelerated the
massacre by Crumbley.
205. Defendant THRONE allowed Ethan Crumbley to threaten the students
and warned the students to not report or otherwise mention his threats against them.
206. Defendant THRONE gave Ethan Crumbley the opportunity to retrieve
the weapon from his backpack and shoot at students while at Oxford High School.
207. At all times relevant hereto, Defendant THRONE’s conduct was so
reckless that it demonstrated a substantial lack of concern for whether an injury
resulted when he acted as set forth above.
208. The actions referenced above by Defendant THRONE caused
Plaintiffs’ minor, RILEY FRANZ, serious injuries to her person including, but not
limited to:

54



g. Terrors;

j. Anxiety;
k. Mental anguish;

v. Attorneys’ fees and costs;

x. Any other damages allowed by Michigan law.
55
209. The actions referenced above by Defendant THRONE caused
Plaintiffs’ minor, ISABELLA FRANZ, serious injuries to her person including, but
not limited to:

d. Anxiety;
e. Mental anguish;



p. Attorneys’ fees and costs;

r. Any other damages allowed by Michigan law.
56
210. The above actions committed by Defendant THRONE were committed
while acting under the course and scope of his employment with OXFORD

211. The above actions committed by Defendant THRONE put the students
at Oxford High School and specifically Plaintiffs’ Minors, RILEY and ISABELLA
FRANZ, in greater danger than they were in prior to Defendant’s acts.
212. That, Defendant THRONE’s acts were the most immediate, efficient,
and direct causes of RILEY and ISABELLA FRANZ’s injuries.
213. That, Defendant THRONE’s acts were the proximate cause of RILEY
and ISABELLA FRANZ’s RILEY AND ISABELLA FRANZ’S injuries.

214. But for Defendant THRONE’s actions, Plaintiffs’ Minors had an
opportunity to escape the threat.
215. Prior to the occurrence of this horrific incident, Plaintiffs’ Minors, were
healthy, vibrant, and strong young women with every chance at a bright future, and
who engaged in the normal activities of life.
WHEREFORE, Plaintiffs, JEFFREY FRANZ AND BRANDI FRANZ, as
next friends of RILEY FRANZ, a Minor, and ISABELLA FRANZ, a Minor,
respectfully request judgment in their favor and against Defendant, THRONE, in an
amount in excess of One Hundred Million Dollars ($100,000,000.00), exclusive of
costs, interest, and attorneys’ fees.
57
COUNT V – GROSS NEGLIGENCE,

DEFENDANT STEVEN WOLF
herein.
WOLF owed a duty to act with care for the safety of the public while acting as
principal of Oxford High School and specifically owed duties to Plaintiffs’ Minors,
RILEY and ISABELLA FRANZ, which duties include, but are not limited to,
obeying all laws, statutes and local ordinances in a way that is not grossly negligent.
218. Defendant WOLF had actual knowledge of the threats of violence and
shooting made against Oxford High School.
219. Defendant WOLF had actual knowledge of concerns from parents of
students at Oxford High School as well as the students at Oxford High School.
220. Defendant WOLF had viewed social media posts and media which
made threats against Oxford High School students.
WOLF sent correspondence to the parents at Oxford High School reassuring them
their children were safe at school.
58
WOLF sent emails to the parents at Oxford High School instructing them not to
share the posts, report the posts, or otherwise take the threats seriously.
223. While acting as Principal of Oxford High School, Defendant WOLF
allowed Defendant THRONE to announce over the school intercom system not to
worry about any danger and told the students at Oxford High School not to post,
address, or share information that they were being threatened school was under
threat.
224. In addition to the social media posts, Defendant WOLF, had actual
knowledge of Ethan Crumbley searching for ammunition, watching videos of

shootings, and making threatening drawings while in class and during school hours
at Oxford High School.
225. Defendant WOLF received complaints of threats and violence from
Ethan Crumbley by Ethan Crumbley’s teachers.
226. Defendant WOLF met with and Jennifer and James Crumbley during
school hours while students were still at Oxford High School.
227. While acting as principal of the school, Defendant WOLF knew that a
police liaison was present at Oxford High School during the hours that the meeting
between Jennifer and James Crumbley and OXFORD COMMUNITY SCHOOL
DISTRICT was held but did not involve them.
59
228. Defendant WOLF knew that the subject matter of that meeting was to
address threats, searches for ammunition, and violent commentary by Ethan

Crumbley.
229. Defendant WOLF allowed Ethan Crumbley to be pulled out of class
during school hours in front of his classmates.
230. Defendant WOLF allowed Ethan Crumbley to sit in a counselor’s office
for over an hour without any search of his backpack, locker, or phone.
231. Defendant WOLF allowed a meeting to transpire without announcing,
warning, or otherwise protecting the students at Oxford High School.
232. Defendant WOLF excited Ethan Crumbley by pulling him out of class,
warning him that Child Protective Services might be called (without actually calling
Child Protective Services) thereby, encouraging Crumbley to accelerate his
timetable for murder.
233. Defendant WOLF allowed Ethan Crumbley to threaten the students and
warned the students against reporting or otherwise mentioning the threats.
234. Defendant WOLF gave Ethan Crumbley the opportunity to retrieve the
weapon from his backpack and shoot students at Oxford High School.
235. At all times relevant hereto, Defendant WOLF’s conduct was so
60
236. The actions referenced above by Defendant WOLF caused Plaintiff,
RILEY FRANZ, serious injuries to her person including, but not limited to:


g. Terrors;
j. Anxiety;
k. Mental anguish;



61


237. The actions referenced above by Defendant WOLF caused Plaintiffs’

Minor, ISABELLA FRANZ, serious injuries to her person including, but not limited
to:

d. Anxiety;
e. Mental anguish;

62
238. The above actions committed by Defendant WOLF were committed
while acting during the course and scope of his employment with OXFORD

239. The above actions committed by Defendant WOLF put the students at
Oxford High School, including Plaintiffs’ Minors, RILEY and ISABELLA FRANZ,
in great danger.
240. That, Defendant WOLF’s acts were the most immediate, efficient, and
direct causes of RILEY and ISABELLA FRANZ’s injuries.
241. That, Defendant WOLF’s acts were the proximate cause of RILEY and
ISABELLA FRANZ’s injuries.

242. But for Defendant WOLF’s actions, Plaintiffs’ Minors had an
next friends of RILEY FRANZ, a Minor and ISABELLA FRANZ, a Minor,
respectfully requests judgment in their favor and against Defendant, WOLF, in an
amount in excess of One-Hundred-Million-Dollars ($100,000,000.00), exclusive of
63
COUNT VI – GROSS NEGLIGENCE,

DEFENDANT RYAN MOORE
herein.
MOORE owed a duty to act with care for the safety of the public while acting as
Dean of Students at Oxford High School and specifically owed duties to Plaintiffs’
Minors, RILEY and ISABELLA FRANZ, which duties include, but are not limited
to, obeying all laws, statutes and local ordinances in a way that is not grossly
negligent.
246. Defendant MOORE had actual knowledge of the threats of violence and
shooting made against Oxford High School.
247. Defendant MOORE had actual knowledge of concerns from parents of
students at Oxford High School as well as the students at Oxford High School.
248. Defendant MOORE had viewed social media posts and media which
made threats against Oxford High School students.
MOORE reassured students of the safety at the school.
250. In addition to the social media posts, Defendant MOORE, had actual
knowledge of Ethan Crumbley searching for ammunition, watching disturbing
64
videos of shootings, and making threatening drawings while in class and during
school hours at Oxford High School.

251. Defendant MOORE received complaints of threats and violence from

Ethan Crumbley by Ethan Crumbley’s teachers.
252. Defendant MOORE met with and Jennifer and James Crumbley during
school hours while students were still at Oxford High School.
253. While acting as Dean of Students of the school, Defendant MOORE
knew that a police liaison was present at Oxford High School during the hours that
the meeting between Jennifer and James Crumbley and OXFORD COMMUNITY
SCHOOL DISTRICT was held but did not involve them.

254. Defendant MOORE knew that the subject matter of that meeting was
to address threats, searches for ammunition, and violent commentary by Ethan
Crumbley.
255. Defendant MOORE allowed Ethan Crumbley to be pulled out of class
during school hours in front of his classmates.
256. Defendant MOORE allowed Ethan Crumbley to sit in a counselor’s
office for over an hour without any search of his backpack, locker, or phone.
257. Defendant MOORE allowed a meeting to transpire without
258. Defendant MOORE excited Ethan Crumbley by pulling him out of
class, warning him that Child Protective Services might be called (without actually
65
calling Child Protective Services) thereby, encouraging Crumbley to accelerate his

259. Defendant MOORE instructed Jennifer and James Crumbley, in the

presence of Ethan Crumbley, that he must be taken to therapy within 48-hours.
260. At all times relevant hereto, Defendant MOORE’s conduct was so
261. The actions referenced above by Defendant MOORE caused Plaintiffs’
Minor, RILEY FRANZ, serious injuries to her person including, but not limited to:



g. Terrors;

j. Anxiety;
k. Mental anguish;

66




262. The actions referenced above by Defendant MOORE caused Plaintiffs’
Minor, ISABELLA FRANZ, serious injuries to her person including, but not limited
to:

d. Anxiety;
e. Mental anguish;

67



263. The above actions committed by Defendant MOORE were committed
while acting during the course and scope of his employment with OXFORD
264. The above actions committed by Defendant MOORE put the students
at Oxford High School, including Plaintiffs’ Minors, RILEY and ISABELLA
FRANZ, in great danger.
265. That, Defendant MOORE’s acts were the most immediate, efficient,
and direct causes of RILEY and ISABELLA FRANZ’s injuries.
266. That, Defendant MOORE’s acts were the proximate cause of RILEY
and ISABELLA FRANZ’s injuries.
267. But for Defendant MOORE’s actions, Plaintiffs’ Minors had an
68

next friends of RILEY FRANZ, a Minor, and ISABELLA FRANZ, a Minor,
respectfully requests judgment in their favor and against Defendant, MOORE, in an
amount in excess of One Hundred Million Dollars ($100,000,000.00), exclusive of
COUNT VII-GROSS NEGLIGENCE

DEFENDANT COUNSELOR #1
269. Plaintiffs’ Minors hereby reincorporate each and every allegation set
herein.
COUNSELOR #1 owed a duty to act with care for the safety of the public while
acting as a counselor of Oxford High School and specifically owed duties to
Plaintiffs’ Minors, RILEY and ISABELLA FRANZ, which duties include, but are
not limited to, obeying all laws, statutes and local ordinances in a way that is not
grossly negligent.
271. Defendant COUNSELOR #1 had actual knowledge of the threats of
violence and shooting made against Oxford High School.
69
272. Defendant COUNSELOR #1 had actual knowledge of concerns from
parents of students at Oxford High School as well as the students at Oxford High
School.
273. Defendant COUNSELOR #1 had viewed social media posts and media
which made threats against Oxford High School students.
274. In addition to the social media posts, Defendant COUNSELOR #1, had
actual knowledge of Ethan Crumbley searching for ammunition and making
threatening drawings while in class and during school hours at Oxford High School.
275. COUNSELOR #1 had actual knowledge that Ethan Crumbley was
searching for and watching shooting videos on the day same day as he was making
276. COUNSELOR #1 had specialized training in detecting threating
behavior, such as that exhibited by Ethan Crumbley.
277. COUNSELOR #1 had specialized training in defusing a situation, such
as the threats made by Ethan Crumbley.
278. COUNSELOR #1 removed Ethan Crumbley from his classroom in
front of his classmates.
279. Defendant COUNSELOR #1 met with Ethan Crumbley for over an
hour, during school hours, while students were still at Oxford High School.
280. Defendant COUNSELOR #1 was able to observe Ethan Crumbley’s
mannerisms while he had a gun next to him in his backpack.

70
281. Defendant COUNSELOR #1 knew that the subject matter of that
meeting was to address threats, searches for ammunition, and violent commentary
by Ethan Crumbley.
282. COUNSELOR #1 allowed Ethan Crumbley to sit in their office for over
an hour without any search of his backpack, locker, or phone.
283. Defendant COUNSELOR #1 allowed a meeting to transpire without
284. Defendant COUNSELOR #1 was so concerned about Ethan’s mental
health and well being that a demand for immediate counseling was made and knew
that immediate mental health intervention would not be provided.

285. Defendant COUNSELOR #1 excited Ethan Crumbley by pulling him
out of class, warning him that Child Protective Services might be called (without
286. Defendant COUNSELOR #1 allowed Ethan Crumbley to threaten the
students and warned the students against reporting or otherwise mentioning the
threats.
287. Defendant COUNSELOR #1 gave Ethan Crumbley the opportunity to
retrieve the weapon from his backpack and shoot students at Oxford High School.
71
288. At all times relevant hereto, Defendant COUNSELOR #1’s conduct
was so reckless that it demonstrated a substantial lack of concern for whether an

injury resulted when he acted as set forth above.

289. The actions referenced above by Defendant COUNSELOR #1 caused
Plaintiffs’ Minor, RILEY FRANZ, serious injuries to her person including, but not
limited to:


g. Terrors;

j. Anxiety;
k. Mental anguish;


72


290. The actions referenced in above by Defendant COUNSELOR #1
caused Plaintiffs’ Minor, ISABELLA FRANZ, serious injuries to her person
including, but not limited to:

d. Anxiety;
e. Mental anguish;
73



291. The above actions committed by Defendant COUNSELOR #1 were
committed while acting during the course and scope of their employment with
292. The above actions committed by Defendant COUNSELOR #1 put the
students at Oxford High School, including Plaintiffs’ Minors, RILEY and

ISABELLA FRANZ, in great danger.
293. That, Defendant COUNSELOR #1’s acts were the most immediate,
efficient, and direct causes of RILEY and ISABELLA FRANZ’s injuries.
294. That, Defendant COUNSELOR #1’s acts were the proximate cause of
RILEY and ISABELLA FRANZ’s injuries.
295. But for Defendant COUNSELOR #1’s actions, Plaintiffs’ Minors had
an opportunity to escape the threat.
74

respectfully requests judgment in their favor and against Defendant, COUNSELOR

#1, in an amount in excess of One Hundred Million Dollars ($100,000,000.00),
exclusive of costs, interest, and attorneys’ fees.
COUNT VIII – GROSS NEGLIGENCE,

DEFENDANT COUNSELOR #2
herein.
COUNSELOR #2 owed a duty to act with care for the safety of the public while
acting as counselor of Oxford High School and specifically owed duties to Plaintiffs’
negligent.
299. Defendant COUNSELOR #2 had actual knowledge of the threats of
300. Defendant COUNSELOR #2 had actual knowledge of concerns from
School.
75
301. Defendant COUNSELOR #2 had viewed social media posts and media

302. In addition to the social media posts, Defendant COUNSELOR #2, had
actual knowledge of Ethan Crumbley searching for ammunition, watching videos of
shootings, and making threatening drawings while in class and during school hours
at Oxford High School.
303. COUNSELOR #2 had specialized training in detecting threating
behavior, such as that exhibited by Ethan Crumbley.
304. COUNSELOR #2 had specialized training in defusing a situation, such
as the threats made by Ethan Crumbley.

305. Defendant COUNSELOR #2 met with Ethan Crumbley for over an
hour, during school hours, while students were still at Oxford High School.
306. Defendant COUNSELOR #2 was able to observe Ethan Crumbley’s
mannerisms while he had a gun next to him in his backpack.
307. Defendant COUNSELOR #2 knew that the subject matter of that
by Ethan Crumbley.
308. COUNSELOR #2 allowed Ethan Crumbley to sit their office for over
an hour without any search of his backpack, locker, or phone.
309. Defendant COUNSELOR #2 allowed a meeting to transpire without

76
310. Defendant COUNSELOR #2 excited Ethan Crumbley by pulling him
out of class, warning him that Child Protective Services might be called (without

311. Defendant COUNSELOR #2 was so concerned about Ethan’s mental
health and wellbeing that a demand for immediate counseling was made and knew
that immediate mental health intervention would not be provided.
312. Defendant COUNSELOR #2 allowed Ethan Crumbley to threaten the
students and warned the students against reporting or otherwise mentioning the
threats.
313. Defendant COUNSELOR #2 gave Ethan Crumbley the opportunity to
retrieve the weapon from his backpack and shoot students at Oxford High School.
314. At all times relevant hereto, Defendant COUNSELOR #2’s conduct
caused Plaintiffs’ Minor, RILEY FRANZ, serious injuries to her person including,
but not limited to:

77

g. Terrors;

j. Anxiety;
k. Mental anguish;



78
caused Plaintiffs’ Minor, ISABELLA FRANZ, serious injuries to her person


d. Anxiety;
e. Mental anguish;




79
317. The above actions committed by Defendant COUNSELOR #2 were
committed while during under the course and scope of their employment with

318. The above actions committed by Defendant COUNSELOR #2 put the
students at Oxford High School, Plaintiffs’ Minors, RILEY and ISABELLA
FRANZ, in great danger.
319. That, Defendant COUNSELOR #2’s acts were the most immediate,
320. That, Defendant COUNSELOR #2’s acts were the proximate cause of

321. But for Defendant COUNSELOR #2’s actions, Plaintiffs’ Minors had
respectfully requests judgment in their favor and against Defendant, COUNSELOR
#2, in an amount in excess of One Hundred Million Dollars ($100,000,000.00),
80
COUNT IX-GROSS NEGLIGENCE

DEFENDANT STAFF MEMBER
herein.
STAFF MEMBER owed a duty to act with care for the safety of the public while
acting as an agent of Oxford High School and specifically owed duties to Plaintiffs’
negligent.
325. Defendant STAFF MEMBER had actual knowledge of the threats of
326. Defendant STAFF MEMBER had actual knowledge of concerns from
School.
327. Defendant STAFF MEMBER had viewed social media posts and media
328. In addition to the social media posts, Defendant STAFF MEMBER, had
actual knowledge of Ethan Crumbley searching for ammunition and making
81
329. Defendant STAFF MEMBER called Ethan Crumbley’s parents and
sent an email to them about his violent threats.

330. Ethan Crumbley met with Defendant, STAFF MEMBER about the
search for ammunition during class on November 29, 2021.
331. Defendant STAFF MEMBER made a knowing and deliberate decision
not to involve the school safety liaison officer of Ethan Crumbley’s behavior and
knowingly and deliberately decided not to inform him of his meeting with Ethan
Crumbley regarding the same.
332. Defendant STAFF MEMBER was able to observe Ethan Crumbley’s
mannerisms and violent tendencies.

333. Defendant STAFF MEMBER knew that the subject matter of that
by Ethan Crumbley.
334. At all times relevant hereto, Defendant STAFF MEMBER’s conduct
335. The actions referenced in above by Defendant STAFF MEMBER
caused Plaintiffs’ Minor, RILEY FRANZ, serious injuries to her person including,
but not limited to:

82


g. Terrors;
j. Anxiety;
k. Mental anguish;



83
336. The actions referenced above by Defendant STAFF MEMBER caused
Plaintiffs’ Minor, ISABELLA FRANZ, serious injuries to her person including, but
not limited to:

d. Anxiety;
e. Mental anguish;




84
337. The above actions committed by Defendant STAFF MEMBER were
committed while acting under the course and scope of their employment with

338. The above actions committed by Defendant STAFF MEMBER put the
339. That, Defendant STAFF MEMBER’s acts were the most immediate,
340. That, Defendant STAFF MEMBER’s acts were the proximate cause of
RILEY AND ISABELLA FRANZ’S injuries.

341. But for Defendant STAFF MEMBER’s actions, Plaintiffs’ Minors had
respectfully requests judgment in their favor and against Defendant, STAFF
MEMBER in an amount in excess of One Hundred Million Dollars
($100,000,000.00), exclusive of costs, interest, and attorneys’ fees.
85
COUNT X-GROSS NEGLIGENCE

DEFENDANT TEACHER #1
herein.
TEACHER #1 owed a duty to act with care for the safety of the public while acting
as a teacher of Oxford High School and specifically owed duties to Plaintiffs’
negligent.
345. Defendant TEACHER #1 had actual knowledge of the threats of
346. In addition to the social media posts, Defendant TEACHER #1, had
actual knowledge of Ethan Crumbley searching for ammunition while in class and
during school hours at Oxford High School.
347. TEACHER #1 made a deliberate decision not to inform the school on-
campus- officer of the frightening and threatening search.
348. TEACHER #1 made a deliberate decision not to search Ethan
Crumbley’s backpack.
86
349. TEACHER #1 made a deliberate decision not to suspend or otherwise
discipline Ethan Crumbley.

350. At all times relevant hereto, Defendant TEACHER #1’s conduct was
so reckless that it demonstrated a substantial lack of concern for whether an injury
resulted when he/she acted as set forth above.
351. The actions referenced above by Defendant TEACHER #1 caused
limited to:


g. Terrors;
j. Anxiety;
k. Mental anguish;


87


not limited to:

d. Anxiety;
e. Mental anguish;

88


353. The above actions committed by Defendant TEACHER #1 were
committed while acting under the course and scope of their employment with

354. The above actions committed by Defendant TEACHER #1 put the
355. That, Defendant TEACHER #1’s acts were the most immediate,
356. That, Defendant TEACHER #1’s acts were the proximate cause of
357. But for Defendant TEACHER #1’s actions, Plaintiffs’ Minors had an
89

respectfully requests judgment in their favor and against Defendant, TEACHER #1,
in an amount in excess of One Hundred Million Dollars ($100,000,000.00),
COUNT XI-GROSS NEGLIGENCE

DEFENDANT TEACHER #2
herein.
TEACHER #2 owed a duty to act with care for the safety of the public while acting
as teacher at Oxford High School and specifically owed duties to Plaintiffs’ Minors,
RILEY and ISABELLA FRANZ, which duties include, but are not limited to,
obeying all laws, statutes and local ordinances in a way that is not grossly negligent.
361. Defendant TEACHER #2 had actual knowledge of the threats of
90
362. In addition to the social media posts, Defendant TEACHER #2, had
actual knowledge of Ethan Crumbley making threating drawings and watching

videos of a shooting while in class and during school hours at Oxford High School.
363. TEACHER #2 made a deliberate decision not to inform the school on-
campus- officer of the frightening and threatening drawing.
364. TEACHER #2 made a deliberate decision not to search Ethan
Crumbley’s backpack.
365. TEACHER #2 made a deliberate decision not to suspend or otherwise
discipline Ethan Crumbley.
366. At all times relevant hereto, Defendant TEACHER #2’s conduct was
so reckless that it demonstrated a substantial lack of concern for whether an injury
resulted when he/she acted as set forth above.
limited to:

g. Terrors;
91

j. Anxiety;
k. Mental anguish;



not limited to:

92
d. Anxiety;
e. Mental anguish;




369. The above actions committed by Defendant TEACHER #2 were
committed while during under the course and scope of their employment with
370. The above actions committed by Defendant TEACHER #2 put the
students at Oxford High School, including Plaintiffs’ Minors, RILEY AND
93
371. That, Defendant TEACHER #2’s acts were the most immediate,

372. That, Defendant TEACHER #2’s acts were the proximate cause of
373. But for Defendant TEACHER #2’s actions, Plaintiffs’ Minors had an

respectfully requests judgment in their favor and against Defendant, TEACHER #2,
in an amount in excess of One Hundred Million Dollars ($100,000,000.00),
COUNT XII- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS/

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
TO PLAINTIFF RILEY FRANZ
BY ALL DEFENDANTS
375. Plaintiffs’ Minor hereby reincorporate each and every allegation set
herein.
94
376. At the time of the above-described incident, Defendants acted in an
extreme and outrageous manner. Their actions went beyond all bounds of decency.
377. At the time of the above-described incident, Defendants acted in a

manner that was so reckless as to demonstrate a substantial lack of concern for
whether an injury results.
378. Defendants intentionally and/or recklessly caused young RILEY
FRANZ to suffer severe mental and emotional distress and to be severely and
permanently injured physically, mentally, and emotionally.
379. The actions of all Defendants caused serious emotional injuries
resulting in physical manifestations and/or physical consequences as the direct result

of defendants’ conduct including, but not limited to increased anxiety, headaches,
nausea, nightmares, dizziness, loss of appetite, and severe crying spells.
380. Additionally, and as the direct result of the actions taken by the
Defendants Plaintiff, RILEY FRANZ, suffered serious injuries to her person

g. Terrors;
95

j. Anxiety;
k. Mental anguish;



respectfully requests judgment in their favor and against Defendants in an amount
in excess of One Hundred Million Dollars ($100,000,000.00), exclusive of costs,
interest, and attorneys’ fees.
96
COUNT XIII- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS/

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
TO PLAINTIFF ISABELLA FRANZ
BY ALL DEFENDANTS
381. Plaintiffs hereby reincorporate each and every allegation set forth in the
preceding paragraphs of this Amended Complaint as if fully set forth herein.
382. At the time of the above-described incident, Defendants acted in
extreme and outrageous manner. Their actions went beyond all bounds of decency.
383. At the time of the above-described incident, Defendants acted in a
manner that was so reckless as to demonstrate a substantial lack of concern for
whether an injury results.

384. Plaintiff, ISABELLA FRANZ, watched her sister RILEY FRANZ, as
well as several other students were shot, and killed.
385. Plaintiff, ISABELLA FRANZ, was caused to witness the infliction of
gunshot injuries upon her sister and her classmates and contemporaneously
experienced and continues to experience the consequential effects thereof, due to the
intentional and/or reckless behavior of the Defendants.
386. Defendants intentionally and/or recklessly caused ISABELLA Franz to
suffer severe mental and emotional distress and to be severely and permanently
injured physically, mentally, and emotionally.
387. The actions of all Defendants caused serious emotional injuries
resulting in physical manifestations and/ or physical consequences as the direct
97
result of defendant’s conduct including, but not limited to increased anxiety,
headaches, nausea, nightmares, dizziness, loss of appetite, and severe crying spells.
388. Additionally, and as the direct result of the actions taken by the
Defendants Plaintiff, RILEY FRANZ, serious injuries to her person including, but
not limited to:

d. Anxiety;
e. Mental anguish;




98


in excess of One-Hundred-Million-Dollars ($100,000,000.00), exclusive of costs,
COUNT XIV- VIOLATION OF CHILD PROTECTION LAW,

MCL§ 722.621, ET SEQ,
ALL DEFENDANTS
herein.
390. That all of the above-described facts, allegations contained and
previously alleged herein pertaining to Minor plaintiffs constitute child
endangerment and/or child neglect and/or reasonable cause to suspect child abuse or
endangerment, as defined under MCL§ 722.622.
391. Pursuant to MCL§722.621, et seq, each and every Defendant, including
Defendant OXFORD COMMUNITY SCHOOL DISTRICT, under the doctrine of
vicarious liability for the actions of its employees and agents, had a statutory duty to
report suspected child abuse and/or endangerment of the children at Oxford High
School.
99
392. Plaintiffs’ Minors were foreseeable victims protected under the Laws
of the State of Michigan, specifically MCL§722.621, et seq.

393. Each and every Defendant is classified by the statute as a mandatory

reporter.
394. Not a single Defendant reported the endangerment caused by the threats
of Ethan Crumbley to Child Protection Services.
395. Plaintiffs’ Minors were in imminent danger of bodily injury, mental, or
physical impairment or death.
396. Defendants knew that Oxford High School students were under threat
and yet, allowed the Minor Plaintiffs to be in directly in the crosshairs of that threat.
397. Defendants’ actions directly caused Plaintiffs’ Minors to be in
imminent danger of bodily injury, mental or physical impairment, or death.
398. Based upon the information that each and every defendant possessed,
as described herein, all Defendants were required to report Ethan Crumbley to Child
Protection Services.
399. Despite knowing of the intent of Crumbley to purchase ammunition,
reasonable suspicion that he had a gun, boastful posts about his gun, and reams of
writings indicating that murder was on his mind, not a single Defendant reported any
of the child abuse, neglect, or endangerment to Child Protective Services.
400. All Defendants had knowledge of a real threat to the students at Oxford
High School.
100
401. All Defendants were extremely concerned about Ethan Crumbley’s
behavior and recognized that he needed immediate mental health intervention and
knew that such intervention was not likely to be provided, putting the students at
Oxford High School in danger.
402. All Defendants failed to take action to prevent the known threat to the
students. In fact, perpetrated the threat thereby, placing the Minor Plaintiffs in
greater danger.
403. Defendants took affirmative action to place the Minor Plaintiffs in
greater danger.
404. Not a single Defendant reported the suspected child endangerment to

Child Protective Services.
405. Defendants’ failure to report the child endangerment and/or child
neglect and/or their reasonable cause to suspect child abuse or endangerment was
the most immediate, efficient, and direct causes of Plaintiffs’ Minors suffering
physical, mental, and emotional damages.
406. Defendants’ failure to report the child endangerment and/or child
neglect and/or their reasonable cause to suspect child abuse or endangerment was
“a” and “the” proximate cause of Plaintiffs’ Minors suffering physical, mental, and
emotional damages.
407. MCL§ 722.633 requires that any person responsible and who does not
report suspected child endangerment and/or child neglect and/or has reasonable
101
cause to suspect child abuse or endangerment is civilly liable for damages
proximately caused by the failure to report the same. Each Defendant herein is a
mandatory reporter under the act.

408. Each and every Defendant had reasonable cause to suspect the child
abuse or neglect and pursuant to MCL §722.623, to make in immediate report as
required to be made by telephone and or by online reporting or both.
409. Each and every Defendant breached their duty(ies) to report the abuse/
neglect.
410. As a direct and or the direct proximate cause of the acts of all
Defendants in violation of the Child Protection Law, Minor Plaintiff RILEY FRANZ
suffered the following:


g. Terrors;

j. Anxiety;
k. Mental anguish;
102






411. As a direct and or the direct proximate cause of the acts of all in
violation of the Child Protection Law, Minor Plaintiff ISABELLA FRANZ suffered
the following:
d. Anxiety;
e. Mental anguish;

103





in excess of One Hundred Million Dollars ($100,000,000.00), exclusive of costs,
104
Respectfully submitted,
/s/Geoffrey N. Fieger

Dated: January 7, 2022 ROBERT G. KAMENEC (P35283)

P: (248) 355-5555/ F: (248) 355-5148
CERTIFICATE OF SERVICE
I hereby certify that on January 7, 2022, I electronically filed the

foregoing paper with the Clerk of the Court using the ECF system
which will send notification of such filing to all participating attorneys.
/s/ Samantha M. Teal

Legal Assistant to Geoffrey N. Fieger
105
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
_______________________
JEFFREY FRANZ and BRANDI FRANZ, as

NEXT FRIEND For RILEY FRANZ, a Minor,

and JEFFREY FRANZ and BRANDI FRANZ,
as NEXT FRIEND For ISABELLA FRANZ, a
Minor,
Case No.: 2:21-cv-12871
Plaintiffs, Hon. Mark A. Goldsmith
Vs.
OXFORD COMMUNITY SCHOOL DISTRICT, RELIANCE ON

SUPERINTENDENT TIMOTHY THRONE, DEMAND FOR
PRINCIPAL STEVEN WOLF, DEAN OF TRIAL BY JURY
STUDENTS RYAN MOORE, COUNSELOR
#1, COUNSELOR #2, STAFF MEMBER,

TEACHER #1 and TEACHER #2
In their Individual Capacity,
Defendants.
ROBERT G. KAMENEC (P35283)
P: (248) 355-5555
F: (248) 355-5148
RELIANCE ON DEMAND FOR TRIAL BY JURY
106
NOW COME Plaintiffs, JEFFREY FRANZ and BRANDI FRANZ, as
NEXT FRIENDS OF RILEY FRANZ, a MINOR, and ISABELLA FRANZ, a

MINOR, by and through their attorneys, FIEGER, FIEGER, KENNEY &

HARRINGTON, P.C., hereby relies on their demand for a trial by jury in the
above-captioned matter.
Respectfully submitted,
/s/Geoffrey N. Fieger
Dated: January 7, 2022 ROBERT G. KAMENEC (P35283)

P: (248) 355-5555 / F: (248) 355-5148
CERTIFICATE OF SERVICE
I hereby certify that on January 7, 2022, I electronically filed the

foregoing paper with the Clerk of the Court using the ECF system
which will send notification of such filing to all participating attorneys.
/s/ Samantha M. Teal

Legal Assistant to Geoffrey N. Fieger
107

Fieger Oxford Amended Complaint

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Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.

408 Filed 01/07/22 Page 1 of 107

UNITED STATES DISTRICT COURT

JEFFREY FRANZ and BRANDI FRANZ, as

NEXT FRIEND For RILEY FRANZ, a Minor,

OXFORD COMMUNITY SCHOOL DISTRICT,

#1, COUNSELOR #2, STAFF MEMBER,

PLAINTIFFS’ FIRST AMENDED COMPLAINT AND RELIANCE ON

NOW COME Plaintiffs, JEFFREY FRANZ, and BRANDI FRANZ, as Next

Friends of RILEY FRANZ, a Minor and ISABELLA FRANZ, a Minor, by and

against the above-named Defendants, state as follows:

herein committed conduct amounting to gross negligence, causing serious and

permanent physical and emotional trauma.

and acting in a manner that was so reckless as to demonstrate a substantial lack of

actions they did.

The Oxford Community School District is responsible for having a

actions of the individually named Defendants.

JURISDICTION AND VENUE

2. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343 (a)(3),

1343(a)(4) and 42 U.S.C § 1983.

3. This Court has supplemental jurisdiction of the Michigan law state

claims pursuant to 28 U.S.C. § 1367.

4. The actions alleged in this Amended Complaint took place within

District Court for the Eastern District of Michigan (Southern Division).

5. Venue is proper pursuant to 28 U.S.C. §1391(d).

6. The amount in controversy exceeds One Hundred Million

($100,000,000) dollars, excluding interests, costs, and attorneys’ fees.

7. Plaintiffs hereby reincorporate and reassert each and every allegation

8. At all times relevant hereto, Plaintiffs’ Minor, RILEY FRANZ, was a

resident of the City of Leonard, County of Oakland, State of Michigan.

9. At all times relevant hereto, Plaintiffs’ Minor, ISABELLA FRANZ,

was a resident of the City of Leonard, County of Oakland, State of Michigan.

ready for driver’s training.

13. At all times relevant hereto, Defendant, OXFORD COMMUNITY

SCHOOL DISTRICT, was and is a municipal corporation, duly organized and

supervising the staff, counselors, and teachers at Oxford High School.

TIMOTHY THRONE, (hereinafter referred to as “THRONE”) is a citizen of the

scope of his employment as Superintendent of the OXFORD COMMUNITY

STEVEN WOLF, (hereinafter referred to as “WOLF”) is a citizen of the State of

COMMUNITY SCHOOL DISTRICT.

RYAN MOORE, (hereinafter referred to as “MOORE”) is citizen of the State of

COMMUNITY SCHOOL DISTRICT.

COUNSELOR #1, (hereinafter referred to as “COUNSELOR #1”) is a citizen of

and scope of his/her employment as a counselor at Oxford High School located in

the OXFORD COMMUNITY SCHOOL DISTRICT.

COUNSELOR #2, (hereinafter referred to as “COUNSELOR #2”) is a citizen of the

scope of his/her employment as a counselor at Oxford High School located in the

OXFORD COMMUNITY SCHOOL DISTRICT.

STAFF MEMBER, (hereinafter referred to as “STAFF MEMBER”) is a citizen of

in the OXFORD COMMUNITY SCHOOL DISTRICT.

TEACHER #1, (hereinafter referred to as “TEACHER #1”) is a citizen of the State

of his/her employment as a teacher at Oxford High School located in the OXFORD

COMMUNITY SCHOOL DISTRICT.

TEACHER #2, (hereinafter referred to as “TEACHER #2”) is a citizen of the State

of his/her employment as a teacher at Oxford High School located in the OXFORD

COMMUNITY SCHOOL DISTRICT.

set forth herein.

23. Plaintiffs’ Minor, RILEY FRANZ, is a 17-year-old female senior

student at Oxford High School.

24. Plaintiffs’ Minor, ISABELLA FRANZ, is a 14-year-old female

freshman student at Oxford High School.

25. Ethan Crumbley was a 15-year-old male sophomore at Oxford High

School at the time of the incident.

26. Defendant THRONE is the Superintendent of the Oxford Community